DIL CO INTERNATIONAL Vs. MESO PRIVATE LTD

JUDGEMENT

(1.) HEARD Ms. Antony for the Appellants. Mr. Shah appears for the Respondents.

(2.) THE Respondents have filed a Suit contending that the Appellants are infringing their registered trade mark as also their copyright. They took out a Notice of Motion to restrain the Appellants from using a label with a caricature of a lady sitting near a window looking out at a man with a camel and a crescent shaped moon and also a seal. As far as the label is concerned, the learned Single Judge, who heard the Motion, accepted the submission of the Respondents that there was a marked similarity between the label used by the Appellants and the one used by the Respondents. He, therefore, granted injunction in so far as the label is concerned, which is annexed at Exhibit B to the Plaint. Asfaras the seal was concerned, the learned Judge formed the opinion after comparing two seals that there was a dis-similarity and, therefore, he did not grant interim relief sought.

(3.) BEING aggrieved by that order, the present Appeal has been filed.